The Supreme Court has issued a writ of habeas corpus for former New People’s Army leader Rodolfo Salas, who was recently arrested in Angeles City for murder.
In a notice, the SC’s Third Division issued a writ of habeas corpus and ordered the warden of the Manila City Jail to present before them former New People’s Army leader Rodolfo Salas, alias “Kumander Bilog” on March 12, and to justify his continued detention.
“In view of the foregoing, the Court resolves to issue a writ of habeas corpus and order respondent Insp. Lloyd Gonzaga to make a verified return . . . of the writ of habeas corpus before the Third Division of this Court within a non-extendible period of five days from the service of the writ,” the high court declared.
Salas was arrested on Feb. 18 on an arrest warrant for murder over allegations that he was part of the Communist Party of the Philippines Central Committee that in the 1980s allegedly ordered the execution of persons believed to be enemies of the party.
Police claimed they seized a gun and ammunition from the 72-year-old Salas.
His son, Jody, questioned the detention, arguing that his father could no longer be charged with murder because his conviction for rebellion in 1991 was based on a plea bargain deal that shields him from further prosecution for all acts committed in furtherance of rebellion.
Salas was imprisoned from 1986 to 1992.
Through lawyers from the Free Legal Assistance Group, Jody said that his father’s detention violated his rights to due process and against double jeopardy.
He also said his father was not given the opportunity to participate in the preliminary investigation of the murder charges.
The SC set oral arguments on the case on March 12.
Salas is detained at Camp Bagong Diwa in Bicutan, Taguig City. Originally scheduled for Feb.28, his arraignment before a Manila court was rescheduled to March 17 due to the pendency of the SC petition.